As an Employer, Maximum How many days can we suspend any worker for Misconduct at Workplace without any domestic Inquiry??
From India, Vadodara
4From India, Vadodara
No punishment much less suspension can be ordered without a domestic enquiry unless the charges are unequivocally admitted by the delinquent employee. The maximum duration of punitive suspension under model standing orders is four days.
From India, Salem
From India, Salem
In answering the query , among others someone has mentioned that subsistence allowance paid to a delinquent employee who is being dismissed post enquiry , could be adjusted against his terminal dues .
If enquiry was concluded with a punishment, the employee shall not, in any event be liable to refund or forfeit any part of the subsistence allowance admissible to him/her.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
If enquiry was concluded with a punishment, the employee shall not, in any event be liable to refund or forfeit any part of the subsistence allowance admissible to him/her.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
Suspension is not punishment. Practically, when the presence of the delinquent employee is not desirable, during investigation/enquiry, then the employer suspends the delinquent employee and it is not as a 'punishment'. It is another aspect, whether the employer conducts a formal domestic enquiry or not. However, without proceeding further i.e. conducting a domestic enquiry, suspension is not advisable.
In any event, should not be for more than 90 days, otherwise, full salary would be payable. During the initial period of 90 days, subsistence allowance as per standing orders applicable upon the industry, will have to be paid.
From India, Faridabad
In any event, should not be for more than 90 days, otherwise, full salary would be payable. During the initial period of 90 days, subsistence allowance as per standing orders applicable upon the industry, will have to be paid.
From India, Faridabad
There is no prescribed time limit, neither can be. However Principle of Natural Justice has to be maintained. Undue delay on part of Employer is likely to be challenged and can go against the employer as malafied action/victimization. Also beyond 90/120 days of suspension pending inquiry the subsistence allowance will be 75%.
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
From the query it is not clear as to whether it is suspension as a punishment or suspension pending enquiry which is contemplated. The position regarding suspension as punishment is that you have to strictly follow the applicable Standing Orders or Service Rules as the case may be on the duration of such suspension. In case of suspension pending departmental enquiry, though there is no outer limit prescribed in law, but it has to be reasonable. Supreme Court guidelines stipulate that all cases of suspension have to be reviewed periodically (at least once in six months) as to the desirability of prolonging it further.
The stage of the proceedings is also not very clear as to whether charge sheet has been issued or not, if issued the response thereof.
At any rate it can be safely concluded that there cannot be an indefinite suspension and the delay in concluding the proceedings would be hard to defend if challenged in Courts.
From India, Mumbai
The stage of the proceedings is also not very clear as to whether charge sheet has been issued or not, if issued the response thereof.
At any rate it can be safely concluded that there cannot be an indefinite suspension and the delay in concluding the proceedings would be hard to defend if challenged in Courts.
From India, Mumbai
A Suspension Order inflicts stigma and spoils the suspended officer's reputation in society at large. If it has been proved that the suspension was malicious, the authority who has done such malicious action must compensate for the social damages to the suspended official for an amount not less than Rs.10/- Crores with the interest of a minimum 18% p.a., from the date of suspension or the same should be recovered from such an errant authority, as a Land Revenue, by the Government and paid to the suspended official - G. Krishnaraj. E-mail: 
From India, Mumbai
From India, Mumbai
Dear GKR20,
Suspension pending enquiry is an administrative action by the Disciplinary Authority empowered by the Service Regulations or Standing Orders of the organization. Not all charges of misconduct would warrant suspension pending enquiry but only those of very grave charges which would require the temporary removal of the delinquent from the post held by him that can give him the positional advantage of tampering with the records or influencing the witnesses. That's why it is expected that while suspending an employee pending enquiry, the concerned authority should have proper application of his mind to the nature of the charges leveled. Normally, if the charges are not proved to the hilt or beyond any reasonable doubt, of course, the employee is going to be reinstated with all the attendant benefits after dropping of the charges and revocation of the suspension.
But, imputation of malice on the part of the Disciplinary Authority is not possible in all disciplinary cases which end up in favour of the delinquent employee except in rare among the rarest cases like the one that of former ISRO scientist Mr.Nambi Narayanan that too at the intervention of Apex Court ordering the Government to pay compensation. Therefore, it would enlighten us if you quote the authority to make the erring authority liable to pay compensation to the scale you mentioned and recovery thereof in case of default.
From India, Salem
Suspension pending enquiry is an administrative action by the Disciplinary Authority empowered by the Service Regulations or Standing Orders of the organization. Not all charges of misconduct would warrant suspension pending enquiry but only those of very grave charges which would require the temporary removal of the delinquent from the post held by him that can give him the positional advantage of tampering with the records or influencing the witnesses. That's why it is expected that while suspending an employee pending enquiry, the concerned authority should have proper application of his mind to the nature of the charges leveled. Normally, if the charges are not proved to the hilt or beyond any reasonable doubt, of course, the employee is going to be reinstated with all the attendant benefits after dropping of the charges and revocation of the suspension.
But, imputation of malice on the part of the Disciplinary Authority is not possible in all disciplinary cases which end up in favour of the delinquent employee except in rare among the rarest cases like the one that of former ISRO scientist Mr.Nambi Narayanan that too at the intervention of Apex Court ordering the Government to pay compensation. Therefore, it would enlighten us if you quote the authority to make the erring authority liable to pay compensation to the scale you mentioned and recovery thereof in case of default.
From India, Salem
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